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THE ARMY LAWYER Headquarters, Department of the Army October 2013 ARTICLES The North Atlantic Treaty Organization Legal Advisor: A Primer Colonel Brian H. Brady Acquisition and Cross-Servicing Agreements in an Era of Fiscal Austerity Major Ryan A. Howard TJAGLCS FEATURES Lore of the Corps From Cowboy and Tribal Lawyer to Judge Advocate and Secretary of War: The Remarkable Career of Patrick J. Hurley BOOK REVIEWS Little America: The War Within the War for Afghanistan Reviewed by Major Temi Anderson CLE NEWS CURRENT MATERIALS OF INTERESTS Department of the Army Pamphlet 27-50-485 Editor, Captain Marcia Reyes Steward Assistant Editor, Major Keirsten H. Kennedy Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Authors should revise their own writing before submitting it for by The Judge Advocate General’s Legal Center and School, Charlottesville, publication, to ensure both accuracy and readability. 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The opinions expressed by the authors in the articles do not necessarily reflect the view of Other useful guidance may be found in Strunk and White, The Elements The Judge Advocate General or the Department of the Army. Masculine or of Style, and the Texas Law Review, Manual on Usage & Style. Authors feminine pronouns appearing in this pamphlet refer to both genders unless the should follow The Bluebook: A Uniform System of Citation (19th ed. 2010) context indicates another use. and the Military Citation Guide (TJAGLCS, 17th ed. 2012). No compensation can be paid for articles. The Editor and Assistant Editor thank the Adjunct Editors for their invaluable assistance. The Board of Adjunct Editors consists of highly The Army Lawyer articles are indexed in the Index to Legal Periodicals, qualified Reserve officers selected for their demonstrated academic excellence the Current Law Index, the Legal Resources Index, and the Index to U.S. and legal research and writing skills. 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Prospective authors should search recent issues of The Army Lawyer to see if their topics have been covered recently. Lore of the Corps From Cowboy and Tribal Lawyer to Judge Advocate and Secretary of War: The Remarkable Career of Patrick J. Hurley .......................................................................................1 Articles The North Atlantic Treaty Organization Legal Advisor: A Primer Colonel Brian H. Brady ..........................................................................................................................4 Acquisition and Cross-Servicing Agreements in an Era of Fiscal Austerity Major Ryan A. Howard ..........................................................................................................................26 Book Reviews Little America: The War Within the War for Afghanistan Reviewed by Major Temi Anderson ......................................................................................................38 CLE News ................................................................................................................................................................43 Current Materials of Interest .............................................................................................................................48 Individual Paid Subscriptions to The Army Lawyer ................................................................ Inside Back Cover OCTOBER 2013 • THE ARMY LAWYER • DA PAM 27-50-485 Lore of the Corps From Cowboy and Tribal Lawyer to Judge Advocate and Secretary of War: The Remarkable Career of Patrick J. Hurley Fred L. Borch Regimental Historian & Archivist One of the most interesting judge advocates in history Hurley was still working as a cowhand—sometimes for was Patrick J. Hurley, who worked as a coal miner, mule as little as $1.00 a day5—when a ranch owner who had taken driver, and cowboy before becoming a lawyer and entering a liking to him arranged for Hurley to attend Indian the Judge Advocate General’s Department (JAGD) in 1917. University (today’s Bacone College). He excelled as a After serving with great distinction in Europe in World War student and obtained his A.B. in 1905. Hurley then took a I, Hurley left active duty. He remained in the Army Reserve job as an office clerk and began studying law in his spare and, during World War II, attained the rank of major time. His intent was to sit for the Indian Territory bar general. But Hurley also served in our Army as Secretary of examination when he felt he had studied enough law to pass. War under President Herbert Hoover and served as U.S. In 1907, however, friends in Muskogee convinced Hurley Ambassador to China in the administrations of Presidents that he should obtain a law degree. As a result, Pat Hurley Franklin D. Roosevelt and Harry S. Truman. What follows journeyed to Washington, D.C., enrolled in National is the story of a truly remarkable Army lawyer. University, and obtained his LL.B. in 1908. He was just twenty-five years old. Born in the Choctaw Nation, Indian Territory (now Oklahoma), in January 1883, Patrick J. Hurley grew up in Returning to Oklahoma, he passed the Oklahoma bar poverty. His father worked in the coal fields as a day laborer and built a successful practice in Tulsa (oil had been for $2.10 a day; young Pat joined his father in the mines discovered there in 1901). In 1911, President William H. when he was eleven years old. For a nine-and-one-half hour Taft appointed Hurley’s boyhood friend, Victor Locke, as day, the boy received seventy-five cents.1 the Principal Chief of the Choctaws. The new chief now appointed Patrick J. Hurley, then serving as president of the Later, when the coal mines closed for a time and young Tulsa Bar Association, as the new National Attorney for the Hurley was without work, he spent his days in the company Choctaw Nation of Indians, at an annual salary of $6,000.6 of Native American members of the Choctaw Nation who, Since the average American earned $750 a year during this along with the Creeks and Cherokees, were the most era, this was a huge amount of money for a twenty-eight prominent Indian tribes in the territory. His friendship with year old Oklahoma lawyer.7 Choctaw Victor Locke would open professional doors after Hurley became a lawyer. But first the teenager returned to At the time, there were about 28,000 men, women, and the coal mines, where he worked as a mule skinner, “driving children in the Choctaw Nation, and real estate held the animals as they hauled cars full of coal out of the pits.”2 communally by the tribe was worth as much as $160 million. Hurley subsequently left the mines to work as a cowboy, Since the most valuable item in that tribal property was coal “herding and feeding cattle belonging to a local butcher.”3 and asphalt lands, Hurley’s job was to ensure that any While punching cattle, Hurley teamed up with a cowboy contracts involving the lease or sale of those lands were fair named Will Rogers—the same Will Rogers who would to the Choctaw and that any proceeds were fairly distributed achieve national fame as